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2026 DAILYLAW 24228 (JHR)

SONIA MARANDI AND ANR v. DILIP KUMAR SINGH AND ORS

WPC/4775/2013 · 2026-08-24

Sanjay Kumar Dwivedi

Writ Petition (Civil)body2026

Judgment text

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[2026:JHHC:25463] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 4775 of 2013 1. Sonia Marandi, wife of Gandouri Hansda 2. Gandori Hansda, S/o Late Lodho Hansda, Both resident of Village-Jagarnatha Tola, Cheda Bank, PO Khijuri, PS-Tisri, District-Giridih. ..... … Petitioners Versus 1. Dilip Kumar Singh, son of Baldeo Singh, resident of Kharagdiha, PO Kharagdiha, PS Jamua, District- Giridih. 2. Shankar Singh, son of Jaldhar Singh, resident of At. + P.O.-Kharagdiha, PS-Jamua, District-Giridih. 3. The United India Insurance Company Limited, Registered and Head Office-24 White Road, Chennai-600014, and Branch Office-at Buxidih Road, Giridih, PO & PS-Giridih, District-Giridih. ..... … Respondents -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioners : Mr. Vijay Kumar Roy, Advocate. ------ 06/ 24.08.2026 This writ petition has been filed under Article 227 of the Constitution of India against the order dated 10.04.2013, passed by the Motor Vehicle Accident Claims Tribunal, Giridih, in Claim Case No. 28 of 2009, whereby, the modification filed against the judgment/award dated 14.03.2013, passed in Claim Case No. 28 of 2009, whereby the learned tribunal has awarded half of the award also in favour of wife of deceased Sanju Hansda. 2. Learned counsel appearing for the petitioners submits that the petitioners have wrongly mentioned the name of their daughter-in- law as Sanju Hansda and in view of that the learned tribunal has been pleased to allow the award, passed in Claim Case No. 28 of 2009 dated 14.03.2013. He next submits that the deceased name was also Sanju Hansda and in view of that the confusion has occurred and the learned tribunal has been pleased to pass the order in favour of Sanju Hansda, [2026:JHHC:25463] -2- wife of late Sanju Hansda. He further submits that in these backgrounds, the modification petition has been filed, which has been rejected by the learned tribunal vide order dated 10.04.2013, as such, the said order may kindly be set aside. 3. From the records, it transpires that the notice has not been issued as yet upon the private respondents and this matter was filed in the year 2013 itself and kept defective till 12.10.2022 and on that day also the time was provided to remove the defects, however, the said defects have not been removed within the peremptory time and the present writ petition has been dismissed for default due to non- compliance of peremptory order, however, the present writ petition has further been restored by the order dated 24.06.2026, passed in C.M.P. No. 869 of 2022 and thereafter the writ petition has been heard today on merits. 4. Admittedly, the learned tribunal has passed the award in Claim Case No. 28 of 2009 by order dated 14.03.2013 and thereafter the modification petition has been filed, which was further decided on 10.04.2013 and the learned tribunal has been pleased to appreciate all the evidences and further with regard to proof of Sanju Hansda as wife of the deceased Sanju Hansda. It has been pointed out that the name of the deceased was also Sanju Hansda as well as the name of the daughter-in-law of the petitioner is also Sanju Hansda and the learned tribunal has given the finding on examining the evidences and further the petitioner No. 1 namely Sonia Marandi is the mother-in-law and she in paras-19 and 21 respectively has stated that her daughter-in-law has left the matrimonial house and was residing in her parental house since last three years. [2026:JHHC:25463] -3- 5. [2026:JHHC:25463] -3- 5. In view of the submission of mother-in-law-Sonia Marandi (who is petitioner No. 1) of Sanju Hansda, the learned tribunal has rightly passed the order. As such, there is no illegality in the impugned order. Accordingly, this writ petition is dismissed. (Sanjay Kumar Dwivedi, J.) Dated:-24.08.2026 Amitesh/-